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HomeMy WebLinkAbout1979-08-14 City Council Regular MinutesCOUNCIL PROCEEDINGS 13248 : OFFICIAL PROCEEDINGS : : OF THE CITY OF PEORIA : Council Chambers, Peoria, Illinois, August 14, 1979. A regular meeting of the City Council was held this date at 6:00 P.M., Councilman Daniel T. Gura pre- siding as Chairman. ROLL CALL Roll call showed the following members present: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Absent: Sinclair and Carver - 2 INVOCATION At the request of Chairman Gura, heads were bowed in a moment of silent prayer. Pledge of Allegiance led by Chairman Gura. PROCLAMATIONS, COMMENDATIONS, ETC. Chairman Gura read and presented a PROCLAMATION declaring August 13-18, 1979 as BETTER WATER FOR PEORIA WEEK. Chairman Gura read and presented a PROCLAMATION declaring August 13-19, 1979 as the second Annual JOB'S DAUGHTERS WEEK IN PEORIA. Chairman Gura read and presented a PROCLAMATION DECLARING August 19-25, 1979 as YOUTH FARM WEEK. MINUTES Councilman Bateman moved the minutes be approved, seconded by Councilman Bergsten. Approved by viva voce vote. PETITIONS, REMONSTRANCES & COMMUNICATIONS (79-584) PUBLIC HEARING - ANNEXATION - ICB, Inc. Property which contains approxi- mately thirty-three acres on the West Side of Laramie Street Northeast of the Chicago, Burlington and Quincy Railroad tracks, and south of Maxine Avenue. ANNEXATION AGREEMENT Michael Field, Palm Desert, California, said that originally they planned housing for the elderly, but since then have modified the plan to include condominiums. He maintained that the development would enhance the neighborhood. He advised they have signed a letter saying this development will not be a part of the Limestone School District. He said this is not a development to attract families with children. Although they cannot limit it, it will not be geared for family use, but will be housing for the elderly. Wilbur D. Dersch, attorney for Pleasant Hill School and some of the citizens in the area, said he entered an objection to this contract He said that ICB Company was not chartered in the State of Delaware and hadn't Paid their franchise tax until July 16, 1979. He said no one can tell him who the president is. He said the agreement isn't signed by thepresident or secretary and that it doesn't 13249 say who will pay for street improvements, sidewalks, construct proper fire pro- tection, etc. He maintained they have no binding agreement to construct housing for the elderly at this time. He said this tract of land is not suitable for housing for the elderly because it is not near medical facilities, the railroad tracks are nearby, etc., and also that Farrow Street is a narrow street and would have to be widened. He called it a spurious and illegal document and felt there is no alternative except to deny it. Corporation Counsel David L. Thomas said the agreement hasn't been signed yet because it hasn't been approved by everybody. He said he has a copy of a letter to the school district that has been signed by Michael Field. He said he has a copy of a document from the State of Delaware dated 16 July 1979 in which it shows that Milton K. Joseph is president and Michael Field is secretary of ICB. He called the State of Delaware and found that the company is properly registered in the state and he has copies in his file showing it is presently registering in the State of Illinois and it will take several weeks to be processed. He recommended to City Council that before the document is signed that that regis- tration with the State of Illinois be complete. Mr. Thomas said that the agreement was rewritten and it now has no mention in it on any reopening of negotiations. Regarding streets, etc. the agreement stated that all public and private streets shall be paid for entirely by the developer, but they give them the option if they wish to go through the special assessment process. Mr. Thomas said he thought the standard procedure is that a developer must aet the annexation agreement out of the way first before they can go to HUD with that assurance. Regarding the school district, Mr. Thomas said that when property is annexed it doesn't automatically become a part of a school district. It usually stays in the one it is presently in, but the developer has stated they will detach and petition School District 150. He advised the city has no jurisdiction in regard to that. William Jackson, 2011 S. Joyce, who owns property in the area, objected because he said taxes would go up and he would have to raise his rents. James Wendland, 2027 S. Winston, maintained the streets can't carry the traffic and it will create a danger for their children. Wayne Eubank, 3309 W. Linda Lane, was concerned about the widening and resurfacing of Farrow Avenue and about fire protection. Mr. Thomas advised him that the agree - calls for the developer to widen Farrow to approximately 25 feet and to overlay it (he thought the overlay would start at the intersection of Chic Street.) Councilman Sheppard confirmed that it would be a 2 inch overlay 25 feet wide and at the developer's cost, to be completed within a two year period. Councilman Brown questioned why they are putting 3" blacktop on Madison Street in his area. He requested administration to check into that. Mr. Anthony thought perhaps it is because it is a heavier traffic carrying street than this one will be. Greg Brophy, 2907 W. Augustana, spoke for the St. Jude Knights of Columbus Council, 3523 W. Hill, and said they can't afford the city taxation and would be forced not to exist. He expressed their opposal to the annexation. • • 13250 Milton K. Joseph, President of ICB, said he is an attorney of long standina and in connection with his practice has done a lot of developing such as office buildings, etc. His job will be to see that everything this company does will be done legally. He said this is going to be a project that will benefit a lot of people and create lots of jobs for people. Kathy Roe, 3220 Augustana, said there would be too much traffic and she did not think this is a good location for the elderly. Gary Stevens also spoke in opposition. Horace A. Giltner, 1206 5. Greenlawn, felt that Peoria shouldn't make annexation of any land unless they put it to the public for a vote. He maintained this property is nothing but a place for junk, a sand trap. He also said they have trouble getting water into this area. He said he's opposed to this development. Dean Penn, 3303 Linda Lane, also opposed this project, saying it is probably the worst possible location to put elderly people because it is far from fire and police protection. Ginny Jackson, 2011 S. Joyce, said it is not a safe neighborhood. Mr. Field advised that he has been involved in many HUD projects throughout the country, but this would be the first for ICB Company. He also advised Councilman Neumiller that they have had extensive meetings with HUD, but they can't process for a firm commitment without zoning, etc. He said the condominiums would be under Section 234 under conventional financing, and the housing for the elderly would be under Section 202. Mr. Ulmer confirmed that that these projects are still financed by HUD. He felt it could qualify under these guidelines. Councilman Bateman asked Mr. Ulmer his opinion about the problem of safe places for the elderly to shop. Mr. Ulmer felt it comes down to management. He said the same questions were addressed when they talked about housing in the urban renewal area. He felt the Madison Park Shopping would be the logical one and a shuttle system could meet those needs. Chairman Gura closed the public hearing. ANNEXATION AGREEMENT Councilman Sheppard felt that some of the concerns have been logical and reasonable, but he pointed out to the people who live in Limestone that sooner or later that property is going to be developed and the councilman, whoever it is, is going to have to deal with the results of it. He said that is what he's doing now. He said he has nothing against the concept of this - he said there are some problems but he thinks the concept is good. He felt the plot of around isn't too bad for this development. He said he has had to deal with intangibles as well as the documentation and facts Councilman Sheppard moved for a week deferral because there are a couple of items he's looking into. 13251 Councilman Unes didn't want it deferred. He felt that there is a police and fire problem and very serious problems with neighbors and citizens. He felt that if they are going to get into this they will probably have another Village Green project. He said he didn't think it is a good process and he thinks that in due time this property will be annexed but at this time he is strongly opposed to the annexation. Councilman Bergsten felt they have all the facts they are going to get. Councilman Brown said he also has questions about annexation and felt they don't have thoroughly defined policies on annexation. He said he has a problem with expanding their responsibilities and the responsibilities of the Fire and Police departments and Public Works. He said he would find it difficult to sup- port the annexation, but he would second Councilman Sheppard's motion to defer this for one week. Councilman Sheppard said this is a petition and they have to address it legally. Motion to defer for one week approved by viva voce vote, Councilman Unes voting nay. (79-585) Municipal Tax 1978 1979 i Change May rec'd in August -ACT. $ 771,880.14 $ 782,806.83 1.4 May rec'd in August -EST. 740,000.00 790,000.00 6.8 Year to date ACT.(8 mo.) 5,618,373.81 6,032,638.46 7.4 Year to date EST.(8 mo.) 5,760,000.00 5,943,000.00 3.2 % 8-month actual to proposed total annual budget 66.2 8-month to 12 months 66.7 Councilman Berosten moved this report be received and filed, seconded by Council- man Brown. Approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-586) BIDS for FIRE EQUIPMENT, recommending the low bid of GFE Inc. in the amount of $4,700.00. Councilman Bergsten moved for approval of the low bid, seconded by Councilman Brown. Approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-587) PAYMENT ESTIMATE FOR PUBLIC IMPROVEMENT PROJECT: Fulton Street Plaza (Fountain, Walkways, Lighting), V. Jobst & Sons, Inc., EST. #12 - $74,250.00; TOTAL AUTHORIZATION APPROVED: S74,250.00. Councilman Bergsten moved the payment estimate be authorized, seconded by Councilman Neumiller. Approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None • 13252 (79-588) Communication from Public Works regarding STERLING AVENUE LAND ACQUISITION - six parcels for the total sum of S7,800.00. Councilman Neumiller moved to authorize this amount, seconded by Councilman Bergsten. Approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-589) Communication from Corporation Counsel with ORDINANCE Amending Chapter 8 of the City Code Relating to the Building Code. Councilman Bateman moved the ordinance be placed upon passage, seconded by Councilman Neumiller. Councilman Bergsten didn't feel this should apply to internal remodeling. Mr. Ulmer said only a few inside improvements require a permit such as electrical, and plumbing, but finishing a basement wouldn't require one. Councilman Bateman asked if it would be a problem to make it a building permit for exterior work only. He felt that would be better. Mr. Daken felt they might be able to work out the wording by the end of the meeting and requested this be tabled until them. Councilman Bateman moved to table this until the end of the meeting, seconded by Councilman Bergsten. Mr. Daken said this is really for cases that become a nuisance and they can exercise discretionary judgment in regard to issuing another permit. Motion to table approved by viva voce vote. After the last item, Mr. Daken advised there is a necessity to change the wording and they requested a one week deferral. Councilman Bateman moved for a one week deferral, seconded by Councilman Bergsten. Approved by viva voce vote. (79-590) Communication from Corporation Counsel with ORDINANCE Modifying the Rock Island Depot Ordinance. Councilman Neumiller moved the ordinance be placed upon its passage, seconded by Councilman Sheppard. Councilman Brown asked if this is still an on-goinc project and Mr. Daken advised that they intend to begin construction for renovation in the next few weeks. Ordinance No. 10,514 approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-591) Communication from Community Development with ORDINANCE Rezoning 1514 W. Glen Avenue from an R-1 to an R-2 classification. Councilman Neumiller questioned it having access only onto Glen. He felt that 13253 since the people can only turn to the east, they will make U-turns to go west. Councilman Bergsten moved for the privilege of the floor for Mr. Dave Schielein, seconded by Councilman Bateman. Approved by viva voce vote. Mr. Schielein said the clientele will be retired people and that every type of facility they need is within walking distance. He didn't feel the exiting only east bound will create a problem. Councilman Bergsten pointed out this is a tough piece of property to develop and he thought this appears a reasonable zoning at this time since Glen Avenue is improved. Councilman Bergsten moved to approve the rezoning from R-1 to R-2, seconded by Councilman Unes. Ordinance No. 10,515 approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-592) Communication from Community Development with ORDINANCE Rezoning 1400- 1406 N.E. Monroe from an R-2 to a C-2 classification. Councilman Brown moved for approval, seconded by Councilman Bateman. Ordinance No. 10,516 approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-593) Communication from Community Development with ORDINANCE Granting a SPECIAL EXCEPTION for Church Facilities at Knoxville and Northland. Councilman Bergsten moved this special exception be granted, seconded by Councilman Bateman. Ordinance No. 10,517 approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-594) Communication from Community Development with ORDINANCE Granting a SPECIAL EXCEPTION for Church Facilities at 2211-2221 N. Linn Street. Councilman Neumiller moved to grant the special exception, seconded by Councilman Bateman. Ordinance No. 10,518 approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-595) Communication from Superintendent of Police regarding CADOLIS USERS AGREEMENT. Councilman Bateman moved for approval, seconded by Councilman Neumiller. Approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None 13254 (79-596) Communication from Director of Traffic Engineering & Parking regarding PROPOSED AGREEMENT Between State of Illinois and City of Peoria for the Installation of Traffic Signals at Illinois Route 174 (Pioneer Parkway) and Illinois Route 88 (Knoxville Avenue). Councilman Bergsten felt this is something they should go ahead with. Councilman Bergsten moved for approval, seconded by Councilman Neumiller. Councilman Unes read a letter from the Hawthorne Hills Homeowners Association in which they requested immediate action on these traffic control devices. Mr. Daken advised that the completion of the widening of Pioneer Parkway isn't anticipated to be in this construction season, however, the installation of the signals can begin regardless of that and they expect to have that com- pleted prior to December 31, 1979. Motion approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes Nays: None -7 (79-597) Communication from Deputy City Manager regarding Land Disposition Agree- ment for property commonly known as 1605-1611 W. Lincoln Avenue. Councilman Sheppard moved for approval with the condition that this be referred back to the City Zoning Commission for a public hearing on a special exception, seconded by Councilman Unes It was brought out that the Community Workshop and Training Center will not extend its right to any other party. Approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes 7 Nays: None (79-598) Communication from Community Development reaarding Withdrawal of EDUCATIONAL MONIES by Dunlap School District. (S15,091.00) Councilman Bergsten moved for approval, seconded by Councilman Unes. Approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard, and Unes - 7 Nays: None (79-599) SITE LOCATION for the Sale of Alcoholic Beverages at Landmark Park, 3225 N. Dries Lane - recommendation of the Licuor Commission to APPROVE. Councilman Neumiller moved the site location be approved, seconded by Councilman Bergsten. Councilman Neumiller said Reverend Paul Cundiff had indicated there was some prob- lem in getting information at the site location hearing and asked if they could get their comments put into the record. Mr. Daken said he could talk to him tomorrow. Motion approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard and Unes - 7 Nays: None 13255 (79-600) APPOINTMENT by Mayor Carver to the TAKE PRIDE IN PEORIA COMMISSION: Mrs. Frank Renner. Councilman Bergsten moved to concur, seconded by Councilman Brown. Approved by viva voce vote. (79-601) SUPPLEMENTAL RELOCATION BENEFITS. Councilman Unes moved to accept the proposal as submitted, seconded by Council- man Bateman. Approved by roll call vote. Yeas: Bateman, Bergsten, Brown, Gura, Neumiller, Sheppard and Unes - 7 Nays: None (79-602) REPORTS: Town of the City of Peoria, Illinois - Financial Report June 30, 1979 Peoria Municipal Tuberculosis Sanitarium and Peoria County Tuberculosis Sanatorium District - Annual Report, June 1, 1978 - May 31, 1979 Board of Examining Engineers - Report for April, May, June, 1979 Historic Preservation Board - Certificate of Appropriateness Councilman Bateman moved the reports be received and filed, seconded by Council- man Neumiller. Approved by viva voce vote. UNFINISHED BUSINESS (79-501) Communication from Community Development with ORDINANCE to REZONE 1631 W. Glen Ave. (Peoria Drive-in Theatre) from C-3 with covenant to an R-1. Councilman Bergsten moved for the privilege of the floor for Mishael Gard, Vernon Shelly and Mark Padesky, seconded by Councilman Unes. Approved by viva voce vote. Mr. Gard, attorney representing Keresotes-Rialto Theaters who own this property, said that to him a roll back is something that should be approved with extreme caution. He gave a history of the property and said it has been used for com- mercial purposes for more than thirty years. It was a nonconforming use in the county having begun before the county zoning ordinance was adopted in 1948 and it continued as a nonconforming use until annexation of Richwoods. In 1968 his client noticed the zoning was not conforming and the city approved C-3 zoning which was appropriate for the use at that time. They had a covenant that runs with the land and was recorded which limited the use to that specific use. He pointed out that since then the courts have made it clear the covenants are not legal. Later the drive-in theatre use was put in the C-4 zoning classifica- tion so it was nonconforming again. Mr. Gard said that basically the residential area has been built since the theatre started. Mr. Gard said that commercial property on Glen Avenue has a value of not less than $60,000 an acre and R-1 has a maximum of possibly S12,000 an acre and they would be taking away the owner's property values. He suggested they leave it as it is until some other use is requested. 13256 Mr. Mark Padesky, 1525 W. Sunnyview, read a petition supporting the city's re- quest to roll back the zoning. He presented the petition with over 100 signa- tures of homeowners or tenants in the area. Councilman Bergsten made a motion to make the petition the property of the City, seconded by Councilman Brown. Approved by viva voce vote. Mr. Vernon Shelly, 1723 W. Sunnyview Dr., expressed concern about commercial development that could go in there. He said it is a quiet residential area and they want to keep it that way. Councilman Bergsten said this is a difficult situation. He felt the Planning Department and the owner should take another hard look at this and see if there is some particular zoning that could break it up possibly into some commercial buffered with R-1 and R-2 to protect the neighborhood. He felt that if this went to court the city would lose Councilman Bergsten moved to table this until November 13, 1979 at which time the city can make a proposal, seconded by Councilman Unes. Councilman Gura said he personally feels that the C-3 has some strong potential disadvantages to the homwowners in that area as well as the community, but he couldn't support an R-1. He felt to zone it an R-1 isn't a way to do business with someone who has done business with the city. He said he has strong concerns about some compromise being created between the landowner and the neighbors. Mr. Daken said he understood the zoning staff is to attempt to develop a plan for the 20 acres that could be acceptable such as a step-down zoning or some modification which would be acceptable to both parties. Councilman Neumiller suggested there might be the alternative of the landowner and homeowners having a agreement outside the realm of this council - something they can agree on as mutual protection at such time the owner may not want to continue the theatre. He said that type of agreement could be upheld in court. Motion to defer this up to November 13th approved by viva voce vote. (79-578) Communication from Public Works with RESOLUTION for STREET LIGHTING on Johnson Street, Merriman Street and McReynolds Street. Mr. Daken requested an additional week on this. Councilman Bateman moved for a one week deferral, seconded by Councilman Bergsten. Approved by viva voce vote. ADJOURNMENT Councilman Brown moved to adjourn, seconded by Councilman Bergsten. Approved by viva voce vote. 442-7.11/Am)_5>4,LA-471.-dx.t, Deputy City Clerk